DISCONNECTING NOT THE ONLY HOUSING FROM ELECTRICITY IS LEGITIMATE

The Arbitration Court of the Ural District concluded that disconnecting not the only housing from electricity is legitimate. The instance came to this conclusion based on the results of consideration of the cassation appeal in the framework of the bankruptcy case of a citizen (No. A47-10449/20).

The manager on behalf of the debtor refused to fulfill obligations under the energy supply contract.

The debtor, considering this action unlawful, appealed to the court with a statement challenging it, pointing out that, in accordance with the disputed contract, the resource supply company carried out the electrification of the land plot where the debtor's only dwelling is located – a trailer-cabin.

The courts of two instances agreed with the arguments of the debtor and recognized the actions of the manager as illegal.

The district court sent the dispute for a new hearing, stating the following:

"The conclusion of the courts on non-compliance by the manager with the conditions for renouncing the contract, based on the fact that the procedure for the sale of a citizen's property, which is carried out in relation to the debtor, is not aimed at restoring the debtor's solvency, in this case is erroneous, since unilateral refusal to perform the contract is allowed, including if the debtor's execution of such transactions will entail losses for the debtor;

Contrary to the conclusions of the courts, the fact of the debtor's residence in a trailer-hut located on a disputed land plot is not confirmed by the documents submitted to the case file, is disputed by the financial manager, this circumstance is not established in any court acts that have entered into force in this case."